Hovsepian v. Apple, Inc.

Filing 150

Hovsepian v. Apple, Inc.

Doc. 150

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KEKER & VAN NEST, LLP DARALYN J. DURIE - #169825 DAVID J. SILBERT - #173128 DAN JACKSON - #216091 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants COMCAST CABLE COMMUNICATIONS LLC and INSIGHT COMMUNICATIONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

In re ACACIA MEDIA TECHNOLOGIES CORPORATION

Case No. C-05-01114 JW DECLARATION OF DAN JACKSON IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT OF INVALIDITY AND NONINFRINGEMENT OF ALL CLAIMS OF THE `702 PATENT Date: Time: Courtroom: Judge: June 2, 2006 9:00 a.m. 8, 4th Floor Honorable James Ware

365717.01

DECLARATION OF DAN JACKSON IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT OF INVALIDITY AND NONINFRINGEMENT OF ALL CLAIMS OF THE `702 PATENT CASE NO. C-05-01114 JW Dockets.Justia.com

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I, DAN JACKSON, declare and state that: 1. I am an attorney licensed to practice before this Court, and am associated with the

law firm of Keker & Van Nest, LLP, counsel for defendants Comcast Cable Communications, LLC and Insight Communications, Inc. in the above-captioned action. I have knowledge of the facts set forth herein, and if called to testify as a witness thereto, could do so competently under oath. 2. Attached hereto as Exhibit A is a true and correct copy of a letter I sent to Alan P.

Block, counsel for Acacia, on January 5, 2006. 3. Attached hereto as Exhibit B is a true and correct copy of Mr. Block's response,

dated January 13, 2006. 4. Attached hereto as Exhibit C is a true and correct copy of a January 13, 2006

letter from Roderick G. Dorman to all counsel of record and its attachment, a proposed stipulation. 5. Attached hereto as Exhibit D is a true and correct copy of a letter I sent to Mr.

Block on January 19, 2006 along with its attachment, a revised (redline) draft of the proposed stipulation. 6. On January 20, 2006, I spoke with Mr. Block by telephone. He informed me that

Acacia was not willing to enter into the revised stipulation that I had proposed and that instead, it would file its own motion for summary judgment of invalidity and noninfringement of the `702 patent, and for certification under Federal Rule of Civil Procedure 54(b). 7. Attached hereto as Exhibit E is a true and correct copy of a letter to me from Alan

Block dated January 24, 2006. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 28, 2006, in San Francisco, California.

/s/ Dan Jackson DAN JACKSON 1

_____

365717.01

DECLARATION OF DAN JACKSON IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT OF INVALIDITY AND NONINFRINGEMENT OF ALL CLAIMS OF THE `702 PATENT CASE NO. C-05-01114 JW